Bill Text: TX HB2896 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the entry of a plea by defendants charged with certain misdemeanors involving family violence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-15 - Companion considered in lieu of in committee [HB2896 Detail]

Download: Texas-2019-HB2896-Introduced.html
  86R5244 AJZ-D
 
  By: Collier H.B. No. 2896
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the entry of a plea by defendants charged with certain
  misdemeanors involving family violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 27.14(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  A defendant charged with a misdemeanor for which the
  maximum possible punishment is by fine only may, in lieu of the
  method provided in Subsection (a), mail or deliver in person to the
  court a plea of "guilty" or a plea of "nolo contendere" and a waiver
  of jury trial. The defendant may also request in writing that the
  court notify the defendant, at the address stated in the request, of
  the amount of an appeal bond that the court will approve. If the
  court receives a plea and waiver before the time the defendant is
  scheduled to appear in court, the court shall dispose of the case
  without requiring a court appearance by the defendant. If the court
  receives a plea and waiver after the time the defendant is scheduled
  to appear in court but at least five business days before a
  scheduled trial date, the court shall dispose of the case without
  requiring a court appearance by the defendant. The court shall
  notify the defendant either in person or by regular mail of the
  amount of any fine or costs assessed in the case, information
  regarding the alternatives to the full payment of any fine or costs
  assessed against the defendant, if the defendant is unable to pay
  that amount, and, if requested by the defendant, the amount of an
  appeal bond that the court will approve. Except as otherwise
  provided by this code, the defendant shall pay any fine or costs
  assessed or give an appeal bond in the amount stated in the notice
  before the 31st day after receiving the notice. This subsection
  does not apply to a defendant charged with a misdemeanor involving
  family violence, as defined by Section 71.004, Family Code.
         SECTION 2.  Article 27.14(e)(2), Code of Criminal Procedure,
  is amended to read as follows:
               (2)  The court may provide the admonishment under
  Subdivision (1) orally or in writing[, except that if the defendant
  is charged with a misdemeanor punishable by fine only, the
  statement printed on a citation issued under Article 14.06(b) may
  serve as the court admonishment required by this subsection].
         SECTION 3.  Subchapter B, Chapter 45, Code of Criminal
  Procedure, is amended by adding Article 45.0211 to read as follows:
         Art. 45.0211.  PLEA BY DEFENDANT CHARGED WITH FAMILY
  VIOLENCE OFFENSE. (a)  In this article, "family violence" has the
  meaning assigned by Section 71.004, Family Code.
         (b)  If a defendant is charged with an offense involving
  family violence, the judge or justice must take the defendant's
  plea in open court.
         SECTION 4.  The change in law made by this Act applies only
  to the entry of a plea with respect to an offense committed on or
  after the effective date of this Act.  The entry of a plea with
  respect to an offense committed before the effective date of this
  Act is governed by the law in effect on the date the offense was
  committed, and the former law is continued in effect for that
  purpose. For purposes of this section, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2019.
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